The Court of Appeal has granted a stay against a High Court decision that had effectively paralysed the Judicial Service Commission’s (JSC) ability to investigate judicial misconduct, delivering a significant boost to efforts to restore accountability in Kenya’s judiciary.
The development was hailed in a strongly worded social media post by Senior Counsel Nelson Havi, a prominent critic of judicial impunity.
“Well done, Phillip Murgor SC and Ahmednasir Abdullahi SC for securing stay of the unlawful and unconstitutional judgment of the High Court, permanently shielding corrupt and incompetent Judges from investigations by the JSC,” Havi wrote on X.
He added pointedly: “Lady Justice Dorah Chepkwony must now face the JSC or resign. Her games, facilitated by few Judges of the High Court must end.”
The stayed ruling was delivered on December 18, 2025, in Constitutional Petition E110 of 2025 by a three-judge High Court bench. The court held that the JSC lacked properly gazetted regulations to process public complaints against judges and magistrates, effectively halting all disciplinary proceedings until such regulations are published.
The petition arose from a complaint lodged by Acorn Law Advocates LLP against Justice Dorah Chepkwony over alleged administrative misconduct. Her legal team successfully argued that the JSC’s existing framework was procedurally deficient, prompting the bench to issue a broader declaration that froze misconduct investigations across the judiciary.
The decision drew immediate and fierce criticism from legal practitioners, the Law Society of Kenya, and senior counsel, who described it as an unwarranted protective shield for judges accused of corruption and incompetence at a time when public confidence in the judiciary remains fragile.
Senior Counsel Phillip Murgor and Ahmednasir Abdullahi led the appeal that secured today’s stay order, allowing the JSC to resume processing complaints pending the hearing and determination of the full appeal.
The interim relief is being viewed as a critical victory for those pushing for judicial reform, particularly given the surge in petitions seeking the removal of judges on grounds of gross misconduct in recent years.
With the stay now in place, attention turns to Justice Chepkwony and other judges facing active complaints. The JSC can once again exercise its constitutional mandate to investigate and recommend disciplinary action.
As the appeal proceeds, the legal community and the public will be watching closely to see whether the commission finally moves decisively against alleged judicial misconduct—or whether fresh legal obstacles will emerge to delay accountability further.
The battle over the soul of Kenya’s judiciary has entered a new, intensifying phase.
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